Notes of Recent Cases. the rule, the court concludes that defendant was liable, if negligent, even though it did not know of plaintiff's delicate condition at or previous to the time of the injury. • On the point whether ignorance of plaintiff's condition would excuse defendant, the court cites Fell v. Railway Co., 44 Fed. 248. PROSTITUTION. (LEGISLATION CONCERNING — CONSTITUTION AT.ITY.) SUPREME COURT OF WASHINGTON
In Zenner v. Graham, 74 Pacific Reporter 1058, it was urged that Act, Washington, March 16, 1903 (Laws 1903, p. 230, ch. 123), making it a felony for a male person to live with, or accept earnings of a prostitute, was in conflict with the I4th amendment of the Federal Constitution, and was class legisla tion because it discriminated between male and female persons by making it a felony for a male person to live with or off of, or to accept the earnings of a prostitute, while a female might do these acts without crim inal liability. To this contention the court replies: "The privileges and immunities re ferred to by the fourteenth amendmnt are such as are lawful in their character. Prosti tution is unlawful, and against public policy and good morals, and is subject to police regulation, and the Legislature may there fore restrict it to such classes or prohibit it by such penalties as may be deemed neces sary, without infringing upon the consti tutional provisions referred to." State v. Considine, 16 Wash. 358, 47 Рас. 755; in re Considine ( С. С.) 3 Fed. 157; State v. Nich ols, 28 Wash. 628, 69 Рас. 372; Seattle v. Rarto, 31 Wash. 141, 71 Рас. 735; State v. Sharpless, 31 Wash. 191, 71 Рас. 737. SHERIFF'S NOTICE. (VALIDITY OF PUBLICA TION IN SOCIALIST PAPER.) SUPREME COURT OF NEDRASKA.
In Michigan Mutual Life Ins. Co. г1. Klatt, 98 Northwestern Reporter 436, it was claimed that the publication of a sheriff's notice of sale in a socialist paper was insuf ficient. It was contended that as the paper in which the publications were made was an
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exponent of socialism and its circulation con fined to the believers in such doctrine, whose political tenets forbid private ownership of property, the publications were of no avail. But as it was not disputed that the paper had a general circulation and the publica tion otherwise complied with the require ments of the statute the court regarded the publication as sufficient, saying: "While it appears by the affidavits of defendant's at torney that the paper is an exponent of so cialism, and its editor a disciple of Karl Marx, and that 'it has no circulation outside of that little bunch of proletariats who are disciples to the doctrines of socialism,' pub lication in its pages seems to be a sufficient compliance with the Nebraska statutes, and there is no complaint of any inadequacy in the amount realized by the sale. The social ists apparently did not live up to their be liefs any more consistently than other people do." SWINDLING. (PRETENSE OF DEATH то SECURE PAYMENT OF LIFE INSURANCE POLICY.) COURT OF CRIMINAL APPEALS OF TEXAS.
Hunter v. State, 81 Southwestern Re porter 730, was a prosecution for swindling. It was charged that defendant having insured his life for a large sum for the benefit of his sister pretended to have been drowned and left the state and secreted himself; that the insurance company denying the death, the sister brought suit on the policies and re covered and collected a judgment thereon; that defendant's acts constituted a fraudulent representation to the insurance company and induced his sister, as innocent agent, to institute suit, by these means using the court and procuring a judgment on the policies. The court says that in a prosecution for swindling under the statute the pretense or representations under which the property was obtained must be shown to have been made to some one and it must also be shown that the pretenses so made were relied upon; that the party to whom they were marie was induced to part with the ownership of the property on the faith of such representa
